Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.

Legal Briefs 2012

Paul receives an Application for divorce and a Motion for provisional measures from his ex-wife, which contains the following Notice of presentation at the end:“TAKE NOTICE that the present motion will be presented for a ruling at a hearing beforemore

You’ve just purchased goods from an itinerant merchant (often referred to as a travelling salesman) who interrupted you at home while you were watching your favourite TV show. You regret making the purchase and would like to cancel it. You should know that, under the Consumer Protection Act,<more

The FactsJean-Claude, a youthful and divorced 60-year-old retiree, is fascinated by Cuban culture, particularly its performing artists. During his first trip to Cuba, three years ago, he met his soul mate, Maria, an outstanding dancer who was 25 years old and singmore

Having a will is important, because without one, it is the Civil Code of Québec that will determine who receives your property. You can read about the rules for the transmission of property when someone dies without a will on the Justice Québec website, in the section entitled “Successions”.<more

X had been living in Québec for three years, having immigrated after being sponsored by his wife, Y, who had been living and working in Québec for 10 years. The couple separated and the mother initiated divorce proceedings. The judgment on provisional measures awarded custody of the child to the motmore

Like all citizens, young persons between the ages of 12 and 17 who are arrested or held in custody by the police in connection with an offence have the right to be informed of the reasons for their arrest, their right to remain silent and their right to obtain immediate assistance from a lawyer, andmore

The Youth Protection Act (YPA) requires the Director of Youth Protection (DYP) to carry out an investigation when a credible report is made that a child has been abandoned, neglected or psychologically, sexually or physically abused, or if a child has serious behavioural problems that the parmore

Mario and Joanie have been living together for several years and have a child together. The birth certificate of the child, whose name is Vincent, indicates Mario and Joanie as his parents. The couple separates when Vincent is seven years old. Despite the separation, Mario continues to take care of Vincent and see to his needs.

Some time after the separation, Mario bumps into someone who, through his statements, raises a doubt in Mario’s mind regarding his paternity with respect to Vincent. Mario decides to dispel all doubts. While Vincent is staying with him, Mario takes the opportunity to have a DNA test for him and Vincent. The test confirms, with a probability of 99.9%, that, unfortunately, Mario is not Vincent’s father! From that point on, Mario decides to sever all ties with the child.

He also decides to initiate court proceedings to contest his paternity. The judge refuses his application, based on the principles set out in article 530 of the Civil Code of Québec which states: “No person may contest the status of a person whose possession of status is consistent with his act of birth.”

Mario’s situation involves both of these elements: Firstly, his name appears on the child’s act of birth and, secondly, he has behaved like a father towards the child since the child’s birth, thereby acquiring a “possession of status.” Consequently, Mario cannot contest his paternity, even if he is not Vincent’s biological father. Mario will therefore continue to be Vincent’s legal father, with all the effects this status entails.

The declaration of paternity made when a child is born is an important and serious act which gives rise to legal obligations. You should therefore be aware of the impact of having your name inserted on a child’s act of birth.

Legal brief *May2012Number04Text prepared byMe Marthe Vachon,avocate au bureau d’aide juridique de Chicoutimi* The information set out in this document is not a legal interpretation.The masculine is used to designate persons solely in order to simplify the text.

The reality of today’s families and the fact that many parents will be part of more than one couple during their lifetime is not without its repercussions on their children. These children will have several parental figures during their childhood. Family law lawyers have noted a new upsurge in the nmore